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(영문) 수원지방법원 2020.07.24 2020고단3036
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 9, 2016, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court due to a violation of the Road Traffic Act.

On April 27, 2020, at around 22:28, the Defendant driven a motor vehicle in D T-gu, under the influence of alcohol concentration of approximately 0.085% from a section of approximately 400 meters, from the road near the B parking lot located in Suwon-si, Suwon-si, to the front road of Suwon-si, Suwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Records of judgment: Application of criminal records and investigation reports (former and attachment of summary order) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

The defendant has been subject to punishment because he/she has already been found to drive under drinking twice.

However, the defendant recognized the crime of this case and divided his mistake, the 2004 period of drinking driving of the defendant has passed since the date of the crime of this case, and the defendant has no record of crime other than the above 2 times of fine, and the defendant has no record of crime other than the above 2 times of fine, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc. are determined as ordered by taking into account the various circumstances, which form the conditions of sentencing as shown in the records, such as the circumstances after

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